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← Series 63: Remedies & Administrative Provisions
Series 63 practice questionhardAiding and Abetting: Delegation

A William Blair agent delegates a sales presentation to a junior colleague, aware the colleague routinely omits key risk details. A client is defrauded due to these omissions. Which statement BEST describes the delegating agent’s liability?

  1. ALiable as a primary violator of fraud.
  2. BPotential joint and several liability as a materially aiding person under Section 410(c), subject to the statutory defense✓ Correct answer
  3. CNot liable if the agent did not directly interact with the client.
  4. DLiable only if the omissions were intentional.
Explanation

Why B — Potential joint and several liability as a materially aiding person under Section 410(c), subject to the statutory defense

Knowingly delegating a presentation while aware that material risks are routinely omitted can support a finding that the delegating agent materially aided the conduct. The applicable model-Act provision is Section 410(c), not Section 410(f), and it includes a lack-of-knowledge and reasonable-care defense.

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